Human Rights Watch (HRW), one of the world’s leading NGOs, has submitted a letter to Prime Minister Najib Abdul Razak today, imploring him to implement a human rights agenda.

isa internal security act vigil 050108 “Prime Minister Najib has a great opportunity to reverse the abusive policies of the past,” said Elaine Pearson, HRW deputy Asia director.

“It’s deplorable that Malaysians continue to face arbitrary detention, censorship, and threats to their lives from an unaccountable police.”

The letter listed recommendations for reform in four areas - arbitrary and preventive detention, freedom of expression, impunity of security forces, as well as the protection of migrants, refugees, and asylum seekers.

The organisation welcomed Najib’s expressed intention to “uphold civil liberties” and his “regard for the fundamental rights of the people of Malaysia”, and urged the government to bring Malaysian law, policy and practice in line with international human rights standards.

HRW also urged the government to ratify core international human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, UN Convention Relating to the Status of Refugees, Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In addition, HRW expressed hopes that the government would begin the process of bringing domestic law into conformity with these international instruments.

Abolish the Internal Security Act

“It’s time the Malaysian government delivered on promises to show ‘regard for the fundamental rights of the people of Malaysia,’ so that it is more than just a pretty sound bite,” said Pearson.

Regarding arbitrary detention, the letter urged the government to promptly rescind the Internal Security Act (ISA) and all other criminal preventive detention measures.

HRW added that multi-ethnic tension was not sufficient to justify the existence of laws which bypassed judicial process and review.

“While HRW recognizes that multi-ethnic tensions are a legitimate concern of any government, 51 years after independence, the government should not lose sight of the fact that Malaysia has a well-developed criminal justice system fully capable of dealing with multi-ethnic tensions, threats to its security, and other ill-defined activities without recourse to the extra-judicial ISA.”

The organisation also expressed disappointment at the fact that there were three new ISA arrests in March and April that were not formally announced.

Next, the letter commended Najib for lifting the ban on two opposition newsletters, Harakah and Suara Keadilan as well as his call for the media to report ‘without fear of consequences’.

However, the letter also criticized the government for refusing online media Merdeka Review permission to cover the announcement of the new cabinet, and tightening regulations on bloggers.

In addition, HRW recommended the abolishment of the Printing Presses and Publications Act to prevent arbitrary threats to free speech and political activity in the name of national unity.

'A culture of impunity'

“Amend the Police Act to ensure it respects the right to peaceful assembly by revoking the unlimited power of a police district's officer in charge to refuse to license or determine the conditions under which assemblies, meetings, and processions are licensed”, added HRW.

It was also suggested that the definitions of "sedition" and "seditious tendency" employed in the Sedition Act be narrowed and that government refrain from using the Act to censor expression or to jail political opponents or critics.

The organization also expressed dismay at the high rate of death and injury in police custody in the country, the slow pace at which inquests take place.

“A culture of impunity pervades routine law enforcement by police and immigration officers in Malaysia.”

bukit gantang election day police fru team 070409 02 To curb this trend, HRW noted that Malaysian government should implement the original Independent Police Complaint and Misconduct Commission proposal recommended by the Royal Commission to enhance the operation and management of the Royal Malaysian Police, as well as discipline or prosecute all security force officers involved in incidents of abuse.

The letter made recommendations to improve the protection of rights of migrants, refugees and asylum seekers.

HRW also noted that many asylum seekers in the country were denied the right to seek asylum from persecution as guaranteed by the United Nations, while the United Nations High Commissioner for Refugees was often refused access to detention centers where it may carry out registration of refugees.

Rela must be dismantled

“Ensure asylum seekers, refugees, trafficked persons and abused workers are not subjected to penalties imposed under the Immigration Act 1959/1963.

“Allow asylum seekers the right to residence, documentation, work and education while their claims are pending and give recognized refugees the opportunity to regularize their status”, appealed the letter.

rela 290507 immigrants being detained In addition, the organization urged the government to abolish the volunteer corps Rela and investigate allegations of Rela members abusing and mistreating illegal migrants.

Lastly, the letter recommended that the government give migrants equal protection as domestic workers, allow oversight bodies to inspect and penalize recruitment agencies that violate standards, as well as ensure that employers fulfill their contractual obligations to migrant workers or pay adequate compensation.

This is the third time that a major foreign organization has appealed to Najib to solve long-standing human rights issues in the nation since he took over as the sixth Prime Minister of Malaysia.

On April 3, Amnesty International had issued Najib a similar checklist for human rights reforms similar to those advocated by HRW.

Three weeks later, the US Senate Committee on Foreign relations released a report on the trafficking and extortion of Burmese refugees in Malaysia which again put Najib’s commitment to human rights protection under the spotlight.